the environmental protection agency (epa)’s reporting and recordkeeping requirements related to per- and polyfluoroalkyl substances (pfas) will go into effect soon, and aem is committed to helping its members remain educated, informed, and compliant.
the association recently launched an epa pfas reporting and requirements compliance webpage, which not only offers a comprehensive and up-to-date overview of the compliance requirements associated with the pfas reporting rule and outlines best practices for impacted stakeholder companies looking to ensure compliance.
“the general public, politicians, and the global regulatory community are increasingly expressing concerns over the historic uses and proliferation of pfas around the world,” said aem senior director of safety & product leadership jason malcore. “legislation is coming from epa, and there is potential for more on the horizon. with that being the case, our members and their industry peers need to possess a strong understanding of the pfas reporting rule and meet epa’s requirements, as well as develop robust compliance programs to maintain market access over the long term.”
in october of 2023, the environmental protection agency (epa) released a pre-published version of its final rule, tsca section 8(a)(7) reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances. the rule requires any chemical manufacturer, or importer, of per- and polyfluoroalkyl substances (pfas), in any year since jan. 1, 2011, to submit to epa information on these substances regarding chemical identities, production volumes, industrial uses, commercial and consumer uses, worker exposures, disposal, and any existing information related to potential environmental and health effects. the scope of this rule applies to pfas found in chemical mixtures, complex articles, or its bulk form.
reporting for most manufacturers will be required between nov. 12, 2024, and may 8, 2025. under the rule, articles containing pfas, including imported articles containing pfas are included in the scope.
- applies to everyone who has "manufactured" or imported a pfas in any year between 2011 and 2022
- manufacturers or importers of pfas are required to provide detailed data within 18 months (by may 8, 2025) of the publication of the final rule
- substances in scope of reporting are those that meet a definition provided by the epa (rather than a fixed substance list)
- distributors and contract manufacturers are also in scope if they import materials containing pfas.
in response to epa’s rule, aem’s pfas the reporting and recordkeeping compliance requirements webpage offers:
- the epa’s final rule and as well as their general instructions for reporting
- an aem produced best practice compliance guide from the off-road equipment industry’s perspective
- a breakdown of the rule’s key components
- a webinar recording featuring a panel discussion around compliance obligations
- the off-road equipment industry’s position paper on pfas regulations
- a pfas reference list to help with supply chain data collection
- practical strategies for navigating the regulatory landscape.
view epa’s pfas reporting and recordkeeping compliance requirements webpage to learn more or contact aem’s jason malcore at jmalcore@aem.org.
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